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Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who works as a part-time student at a convenience store.
On September 17:00 on September 10, 2015, the Defendant: (a) discovered one cell phone of “gelart 3” in the toilet change column of the Songpa-gu Seoul Metropolitan City New-dong subway No. 2; (b) instead of taking lawful procedures, such as reporting to the police or returning to the victim, even though he/she discovered one cell phone of “gelart 3” inside the toilet change column of the Songpa-gu Seoul Metropolitan City New-dong subway No. 2; and (c) instead of taking lawful procedures, he/she embezzled the deprived of possession that he/she would have.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes governing mobile phones;
1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant recognized the instant crime; (b) the victim’s damaged goods were returned; and (c) the victim did not want the Defendant’s punishment; (d) the Defendant was a primary offender who had no record of criminal punishment; and (e) all the conditions for sentencing, including the Defendant’s age, sexual conduct, motive and method of the crime; and (e) the circumstances after the crime, etc., the sentence is imposed as ordered.